Notices. Privacy Act System of Records

11,134 words·~51 min read·/register/2008/01/30/08-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4140-01-M DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS-2007-0020] Privacy Act of 1974: ICE Pattern Analysis and Information Collection (ICEPIC) System of Records AGENCY: Department of Homeland Security. ACTION: Privacy Act System of Records. SUMMARY: Pursuant to the Privacy Act of 1974, the Department of Homeland Security, U. S. Immigration and Customs Enforcement, is publishing this notice of system of records for the Department's ICE Pattern Analysis and Information Collection (ICEPIC) system.

A proposed rulemaking is also published in this issue of the **Federal Register** in which the Department proposes to exempt portions of this system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. Due to urgent homeland security and law enforcement mission needs, ICEPIC is currently in limited operation. Recognizing that ICE is publishing a notice of system of records for an existing system, ICE will carefully consider public comments, apply appropriate revisions, and republish the ICEPIC notice of system of records within 180 days of receipt of comments.

Additionally, a Privacy Impact Assessment will be posted on the Department's privacy Web site. (See *http://www.dhs.gov/privacy* and follow the link to “Privacy Impact Assessments.”) DATES: The established system of records will be effective February 29, 2008. A revised ICEPIC notice of system of records that addresses public comments, responds to OMB direction, and includes other ICE changes will be published not later than August 27, 2008 and will supersede this notice of system of records.

ADDRESSES: You may submit comments, identified by Docket Number DHS 2007-0020 by one of the following methods: • *Federal e-Rulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Fax:* 1-866-466-5370. • *Mail:* Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, Washington, DC 20528. FOR FURTHER INFORMATION CONTACT: For system related questions please contact Steven W. Cooper, Executive Information Unit, Office of Investigations, U.S.

Immigration and Customs Enforcement, 425 I Street, NW, Washington, DC 20536. For privacy issues please contact: Hugo Teufel III, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background Part of ICE's mission is to investigate possible violations of U.S. immigration law. Many times this involves hours of analysis regarding a particular case or operation. As part of the investigative process analysts must identify and understand the relationships among individuals, places, and items that are the subject of investigation.

The ICEPIC Tool builds on earlier ICE initiatives to verify the identity of Special Interest Aliens (SIAs), as designated by the Department of State. In 2003 ICE implemented the National Security Entry Exit Registration System (NSEERS) to manage the growing collection of over 500,000 SIA records. National and international terrorist threats in the 2004 and 2005 timeframe resulted in ICE reviewing not only the SIA records in NSEERS, but also the records of aliens registered with the Student and Exchange Visitor Information System (SEVIS) and entered into the United States Visitor and Immigrant Status Indicator Technology (US VISIT) system as well.

Since 2005, ICE's expanding law enforcement role has demanded increasingly sophisticated tools to detect potential violations of immigration and criminal law and terrorist threats. ICE analyzes relationships among individuals using conventional database queries and link analysis tools; however, traditional link analysis tools rely on the consistency of key data, such as names and addresses, to establish relationships. If the source data is of poor quality or an individual seeks to conceal his/her identity through intentional, but subtle, changes to names, addresses, and other biographic information, then conventional tools are less effective at recognizing relationships.

As a result, investigators and analysts may miss important relationships among suspects, family members, other associates, organizations, addresses, and vehicles. ICEPIC allows ICE law enforcement agents and analysts to look for non-obvious relationship patterns among individuals and organizations that are indicative of violations of the customs and immigration laws that are enforced by DHS agencies, as well as possible terrorist threats and plots. From these relationships, ICE agents can develop specific leads and law enforcement intelligence for active and new investigations.

Identified relationships can also be recorded for reuse in subsequent investigative analyses. The information processed by ICEPIC comes from existing ICE investigative and apprehension records systems, as well as immigration and alien admission records systems. All ICEPIC activity is predicated on ongoing and valid law enforcement investigations. ICEPIC includes capabilities that assist investigators to record results of analyses performed in support of investigations and to capture additional relevant information obtained from outside sources.

The information collected by, on behalf of, in support of, or in cooperation with DHS and its components may contain personally identifiable information collected by other Federal, state, local, tribal, foreign, or international government agencies or organizations. ICEPIC assists ICE investigators by automating five business processes: A. Analysis of leads, law enforcement and intelligence reports, referrals, and processing of queries of ICE and DHS information to locate relevant records and produce reports;

B. Integration and resolution of information from multiple ICE and DHS databases to provide leads for law enforcement investigations and disruption of potential terrorist activities; C. Initiation of analyses that support investigative cases in DHS and field offices and recording the results of beneficial analyses; D. Production and dissemination of target indicator profiles and other law enforcement intelligence; and E. Management of analysis workflows and information resources.

Information that is produced or maintained by ICEPIC is used by ICE agents in headquarters and field offices to identify potential violations of customs or immigration law, confirm suspected violations, or investigate potential terrorist threats. ICEPIC is used to identify relationships among different individuals or among records for the same individual from multiple sources when an individual or individuals have been identified as subjects, leads, or associates in an investigative case.

In cases where DHS determines that the information would assist in the enforcement of civil or criminal laws, ICE may share the information with the appropriate Federal, State, local, tribal, or foreign governmental agencies or multilateral governmental organizations. Information may also be used by national intelligence community agencies where analysis of the records indicates a potential or confirmed threat of terrorist activity justifying further analysis or investigation.

ICE may also share this information with the FBI when ICE becomes aware of information that may be related to an individual in the Terrorist Screening Database. The Department of Justice

(DOJ)and other Federal agencies may use reports generated through ICEPIC in the review, settlement, and prosecution of claims, complaints, and lawsuits involving matters over which ICE exercises jurisdiction or when conducting litigation or in proceedings before any court, adjudicative, or administrative body. This includes any litigation matters where ICE, DOJ, or an employee in his or her official capacity in support of ICE, the United States, or any agency thereof is involved. II. Privacy Act The Privacy Act embodies fair information principles in a statutory framework governing the means by which the United States Government collects, maintains, uses, and disseminates personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other particular assigned to the individual. Individuals may request access to their own records that are maintained in a system of records in the possession or under the control of DHS by complying with DHS Privacy Act regulations, 6 CFR part 5.21 and DHS will review each request on a case-by-case basis in light of exemptions taken by ICEPIC. The Privacy Act requires each agency to publish in the **Federal Register** a description of the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system in order to make agency record keeping practices transparent, to notify individuals regarding the uses to which personally identifiable information is put, and to assist individuals in finding such files within the agency. In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this revised system of records to the Office of Management and Budget and to the Congress. System of Records DHS-ICE-002 System name: ICE Pattern Analysis and Information Collection. Security Classification: Sensitive But Unclassified System Location: U.S. Department of Homeland Security Immigration and Customs Enforcement Headquarters data facilities are located in the Virginia suburbs of Washington, DC, with continuity of operations sites in remote locations within the continental United States. Categories of Individuals Covered by the System: A. Individuals or entities who are associated with investigations, inspections, apprehensions, detentions, patrols, removals, examinations, naturalizations, intelligence production, legal proceedings, or other operations that implement and enforce the Immigration and Nationality Act

(INA)(8 U.S.C. 1101 *et seq.* ) and related treaties, statutes, orders, and regulations. B. Individuals or entities who are associated with investigations, inspections, apprehensions, detentions, law enforcement intelligence production, legal proceedings or other operations that implement and enforce immigration- and customs-related laws, specifically those found in Titles 8, 19, and 31 of the United States Code. C. Individuals who are respondents, representatives, or witnesses in administrative, civil penalty, or forfeiture proceedings, or defendants, representatives or witnesses in criminal prosecution or extradition proceedings under immigration or customs-related laws or regulations. D. Associates of the above individuals and entities who are sources of information relevant to an investigation. E. Individuals wanted by other law enforcement agencies, including Federal, State, local, tribal, foreign and international, or individuals who are the subject of inquiries, lookouts, or notices by another agency or a foreign government. F. Individuals, including U.S. Citizens, Lawful Permanent Residents, immigrants and non-immigrants who apply for immigration benefits and/or any form of automated or other expedited inspection for verifying eligibility to cross the borders into the United States. G. Non-United States citizens and Non-Lawful Permanent Residents who present themselves for entry into and/or exit from the United States, including individuals subject to the requirements and processes of US-VISIT. Individuals covered under US-VISIT include those who are not United States citizens at the time of entry or exit or who are United States citizens or Lawful Permanent Residents who have not identified themselves as such at the time of entry or exit. H. Individuals unlawfully present in the United States to include persons who have failed to maintain a valid immigration status as well as persons who are otherwise unlawfully present in the United States. I. Nationals of countries that threaten to wage war, or are at war with the United States, and individuals required to register as agents of foreign governments in the United States. Categories of Records in the System: Records come directly from information collected from individuals during DHS or federal enforcement encounters, from information provided by individuals when applying for U.S. immigration benefits or temporary admission to the U.S., or from persons entering or leaving the U.S. Analyzed records include biographical data; biometric identifiers, including fingerprints and photographs; and information or data related to the individual subject's case, including immigration history, alien registration, and other identification or record numbers. The system maintains records used to show relationships across all categories of records. These records include: A. Information collected from individuals during a DHS enforcement encounter or investigation, including, but not limited to: Names, aliases, dates of birth, phone numbers, addresses, nationality, identification numbers such as A-File Number, Social Security Number, or driver's license number, and physical characteristics. This information is maintained in the Treasury Enforcement Communications System (TECS), last published October 18, 2001, 66 FR 52984 and in the DHS Enforcement Operational Immigration Records (ENFORCE) system, last published DHS/ICE-CBP-CIS-001-03, ENFORCE/IDENT March 20, 2006, 71 FR 13987; B. Information collected about individuals during a DHS enforcement encounter or investigation, or provided by other State, local, tribal Federal, or foreign law enforcement or other relevant agencies, including, but not limited to: Names, aliases, nationality, dates of birth, phone numbers, addresses, affiliations, identification numbers such as A-File Number, Social Security Number, or driver's license number, or physical characteristics. This information is maintained in TECS; C. Biographic information such as names, aliases, dates of birth, phone numbers, addresses, nationality, identification numbers such as A-File Number, Social Security Number, or driver's license number, and immigration violation information obtained from the DHS ENFORCE or successor systems; D. Biographic information such as names, aliases, dates of birth, phone numbers, addresses, nationality, identification numbers such as A-File Number, Social Security Number, or driver's license number, and descriptive information obtained from U.S. Citizenship and Immigration Services (USCIS) immigration benefits applications and application review findings; E. Information obtained from other Federal or foreign law enforcement agencies about individuals known or reasonably suspected to be or to have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism; F. Biographic information and other information such as name, address, and phone number obtained from commercial data providers for individuals identified as prospective leads or suspects in active investigations; and G. Biographic information such as names, aliases, dates of birth, phone numbers, addresses, nationality, identification numbers such as A-File Number, Social Security Number, or driver's license number, and descriptive information obtained from U.S. Customs and Border Protection

(CBP)encounters at Ports of Entry during border crossings. Authority for Maintenance of the System: 5 U.S.C. § 301; 8 U.S.C. § 1103; 8 U.S.C. § 1225(d)(3); 8 U.S.C. § 1324(b)(3); 8 U.S.C. § 1357(a); 8 U.S.C. § 1360(b); 19 U.S.C. § 1; and 19 U.S.C. § 1509. Purpose: The purpose of the ICEPIC system is to provide the information technology infrastructure products and services that enable investigators and analysts within ICE and other DHS components to recognize non-obvious person, address, and organizational relationships within existing DHS records systems, and to develop timely, actionable leads needed to accomplish ICE law enforcement and counter-terrorism mission objectives. All ICEPIC activity is predicated on ongoing and valid law enforcement investigations. Current manual and automated processes for research, collation, organization, validation, and analysis of the information in numerous DHS alien registration, entry, intelligence, lookout, and enforcement systems can accomplish similar objectives, but are cumbersome, time-consuming, and error-prone. ICEPIC will provide a reliable, responsive, and secure system to support production of actionable leads and law enforcement intelligence for DHS components and other Federal entities, as appropriate and in conformance with this system of records notice. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed to authorized entities, as is determined to be relevant and necessary, outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: A. To the Department of Justice

(DOJ)or other Federal agency in the review, settlement, defense, and prosecution of claims, complaints, and lawsuits involving matters over which ICE exercises jurisdiction, or when conducting litigation or in proceedings before any court, adjudicative or administrative body, when:

(a)DHS; or

(b)any employee of DHS in his/her official capacity; or

(c)any employee of ICE in his/her individual capacity, where DOJ or DHS has agreed to represent the employee; or

(d)the United States, or any agency thereof, is a party to the litigation or has an interest in such litigation, and DHS determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which DHS collected the records. B. To appropriate Federal, State, local, tribal, or foreign governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, license, or treaty where DHS determines that the information would assist in the enforcement of domestic and foreign civil or criminal laws. C. To U.S. agencies of the national intelligence community or through established liaison channels to selected foreign governments where analysis of the records indicates a potential or confirmed threat of terrorist activity justifying further analysis or investigation. D. To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function. Those provided information under this routine use are subject to the same Privacy Act limitations as are applicable to DHS officers and employees. E. To the National Archives and Records Administration

(NARA)or other Federal agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906. F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS, when necessary to accomplish an agency function related to this system of records. Those provided information under this routine use are subject to the same Privacy Act limitations as are applicable to DHS officers and employees. G. To appropriate Federal, State, tribal, local, or foreign law enforcement, intelligence, and regulatory agencies, foreign governments, and international law enforcement organizations, for example: the Department of Defense; the Department of State; the Department of the Treasury; the Central Intelligence Agency; the Selective Service System; the United Nations; and INTERPOL; as well as to other individuals and organizations during the course of an investigation by DHS or the processing of a matter under DHS' jurisdiction, or during a proceeding within the purview of the immigration and nationality laws, when DHS deems that such disclosure is necessary to elicit information required to accomplish the purposes described in this paragraph. H. To an appropriate Federal, State, tribal, local, or foreign government agency or organization, or international organization, lawfully engaged in collecting law enforcement intelligence, whether civil or criminal, or charged with investigating, prosecuting, enforcing or implementing civil or criminal laws, related rules, regulations or orders, to enable these entities to carry out their law enforcement responsibilities, including the collection of law enforcement intelligence, but only when the disclosure is appropriate to the proper performance of the official duties of the person receiving the disclosure. I. To an appropriate Federal, State, local, tribal, or foreign government agency, international organization, or private organization where the President or the Secretary of Department of Homeland Security has declared an event to be a National Special Security Event, if the information is relevant and necessary to a requesting agency's decision concerning the hiring or retention of an individual, or issuance of a security clearance, license, contract, grant, or other benefit, or if the information is relevant and necessary to a DHS decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit, but only when disclosure is appropriate to the proper performance of the official duties of the person making the request. Disclosure to consumer reporting agencies: None. Policies and Practices for Storing, Retrieving, Accessing, Retaining and Disposing of Records in the System: Storage: Records are stored electronically at one or more ICE data centers that are located in secure facilities. The records are stored on magnetic disc, tape, digital media, and optical media, and may also be retained in hard copy format in secured file folders. Retrievability: Data are retrievable by an individual's name, Social Security Number, A-File Number, or other unique identifier, as well as by non-identifying information such as address or date of entry into the United States. Safeguards: Information in this system is safeguarded in accordance with applicable laws and policies, including the DHS information technology security policies and the Federal Information Security Management Act (FISMA). All records are protected from unauthorized access through appropriate administrative, physical, and technical safeguards. These safeguards include restricting access to authorized personnel who have a need-to-know, using locks, and password protection features. The system is also protected through a multi-layer security approach. The protective strategies are physical, technical, administrative and environmental in nature, which provide access control to sensitive data, physical access control to DHS facilities, confidentiality of communications, authentication of sending parties, and personnel screening to ensure that all personnel with access to data are screened through background investigations commensurate with the level of access required to perform their duties. The system also maintains a real-time auditing log of individuals who access and update the system. Audit logs are reviewed and analyzed for unauthorized and inappropriate system usage. DHS will investigate instances of unauthorized or inappropriate access or use of the system and take appropriate disciplinary actions where violations have occurred. Retention and Disposal: The National Archives Records Administration has not yet approved a retention schedule for this system of records. Because a history of Federal law enforcement interactions with persons and organizations is essential to detecting criminal and terrorist patterns of behavior and locating leads in current investigations, ICE has proposed to retain records in ICEPIC for ten

(10)years from ICE's last use of the individual's data, and then archive the information for an additional five

(5)years. After the five

(5)year period, information will be destroyed unless it has become relevant to a legal action, at which point the retention schedule would reset. System Manager(s) and Address: Steven W. Cooper, Executive Information Unit, Office of Investigations, U.S. Immigration and Customs Enforcement, 425 I St., NW., Washington, DC 20536, telephone:

(202)616-7571. Notification Procedures: Pursuant to 5 U.S.C. 552a

(j)and (k), this system of records may not be accessed by members of the public for purposes of determining if the system contains a record pertaining to a particular individual. Nonetheless persons may seek access to records maintained in ICEPIC as outlined in the Record Access Procedures section below. Requests for such access will be reviewed on a case-by-case basis. Record Access Procedures: ICEPIC is exempt from record access procedures pursuant to 5 U.S.C. 552a

(j)and (k). Nonetheless persons may seek access to records maintained in ICEPIC by contacting FOIA/Privacy Act request to the Office of Investigations, Information Disclosure Unit, 425 I St., NW., Washington, DC 20536 and using the form found at *http://www.ice.gov/doclib/g-639.pdf* . Requests for such access will be reviewed on a case-by-case basis to ensure that the records meet the requirements set out by the Privacy Act. Contesting Record Procedures: This system is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)

(G)and (H), and

(f)pursuant to 5 U.S.C. 552a(j)(2), (k)(2); however, requests for amendment of records may be reviewed on a case-by-case basis. Follow the “Record Access Procedures” noted above. Record Source Categories: Information contained in the system is obtained from DHS investigators, other DHS law enforcement officers, other Federal, State, foreign and tribal law enforcement and intelligence agencies, public records, commercial data aggregators, and immigration and alien admission records systems. Exemptions Claimed for the System: Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, portions of this system are exempt from 5 U.S.C. 552a(c)

(3)and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a (k)(2), this system is exempt from the following provisions of the Privacy Act, subject to the limitations set forth in those subsections: 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a record contains information from other exempt systems of records, ICE will rely on the exemptions claimed for those systems. Issued in Arlington, VA. Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E8-1556 Filed 1-29-08; 8:45 am] BILLING CODE 4410-10-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No.FR-5191-N-03] Notice of Submission of Proposed Information Collection to OMB; Emergency Comment Request; Demonstration Program for Elderly Housing for Intergenerational Families AGENCY: Office of Housing Assistance and Grant Administration, HUD. ACTION: Notice of proposed information collection. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* February 13, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments must be received within seven

(14)days from the date of this Notice. Comments should refer to the proposal by name/or OMB approval number) and should be sent to: HUD Desk Officer, Office of Management and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Paperwork Reduction Act Compliance Officer, AYO, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian.Deitzer@HUD.gov* ; telephone

(202)402-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms Deitzer. SUPPLEMENTARY INFORMATION: This Notice informs the public that the U.S. Department of Housing and Urban Development

(HUD)has submitted to OMB, for emergency processing, a new collection for selecting applicants for the Demonstration Program for Elderly Housing for Intergenerational Families grants. This Notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Demonstration Program for Elderly Housing for Intergenerational Families. *Description of Information Collection:* This is a new collection for selecting applicants for the 202 Program for Supportive Housing for the Elderly grants which will be part of the 2008 Notice of Funding Availability (NOFA). These grants are to provide assistance for a demonstration program to expand the supply of intergenerational dwelling units for very low income grandparent(s) or relative(s) heads of households 62 years of age or older raising a child who is not attending school and is not more than 18 years of age or is attending school and is not more than 19 years of age. The family must meet the age requirements to be eligible for an intergenerational dwelling unit. Project Rental Assistance

(PRAC)funds are available for eligible section 202 projects that are funded under this program to cover the difference between the HUD-approved operating costs of the project and the tenant's contribution toward rent (30 percent of their adjusted monthly income). The Demonstration Program application submission requirements are necessary to assist HUD in determining an applicant's eligibility and ability to develop and operate housing for intergenerational families. New collections would include the need for supportive housing for the target population in the area to be served, site control and suitability of the site, and adequacy of the provision of supportive services and of the proposed project; and general application requirements, certifications and resolutions. *OMB Control Number:* 2502-Pending. *Agency Form Numbers:* SF-424, SF-424-Supplemental, SF LLL, HUD-2880, HUD-2991, HUD-92041, HUD-92042, HUD-96010-I, HUD 27300, Form HUD-96011, HUD-2990, and HUD-2994-A. *Members of Affected Public:* Not-for-profit institutions. *Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of responses, and hours of response:* An estimation of the total number of hours needed to prepare the information collection is 33, number of respondents is 11 frequency response is 1 per annum, and the total hours per respondent is 363. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: January 24, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-1579 Filed 1-29-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5187-N-01] Application for Technical Assistance for Community Planning and Development

(CPD)Programs AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget

(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Application for technical assistance funds with which CPD grantees will engage providers to supply expertise to shape their resources into effective, coordinated, neighborhood and community development strategies to revitalize and physically, socially and economically strengthen their communities. DATES: *Comments Due Date:* February 29, 2008. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2506-0166) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at *Lillian_L_Deitzer@HUD.gov* or telephone

(202)402-8048. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(CPD)Programs *OMB Approval Number:* 2506-0166. *Form Numbers:* SF-424, HUD-424CB, HUD-424CBW, SF 424 Supplement, SF-LLL, HUD-2880, HUD-2994-A, SF-269A. *Description of the Need for the Information and Its Proposed Use:* Application for technical assistance funds with which CPD grantees will engage providers to supply expertise to shape their resources into effective, coordinated, neighborhood and community development strategies to revitalize and physically, socially and economically strengthen their communities. *Frequency of Submission:* On occasion, Quarterly. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 286 11.78 6.06 20,411 *Total Estimated Burden Hours:* 20,411. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: January 24, 2008. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E8-1580 Filed 1-29-08; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish And Wildlife Service [FWS-R2-ES-2008-N0002], [20124-1113-0000-F5] Endangered and Threatened Species Permit Applications AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications. SUMMARY: The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended. DATES: To ensure consideration, written comments must be received on or before February 29, 2008. ADDRESSES: Written comments should be submitted to the Chief, Endangered Species Division, Ecological Services, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act. Documents will be available for public inspection, by appointment only, during normal business hours at the U.S. Fish and Wildlife Service, 500 Gold Ave. SW., Room 4102, Albuquerque, New Mexico. Please refer to the respective permit number for each application when submitting comments. FOR FURTHER INFORMATION CONTACT: Chief, Endangered Species Division, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103

(505)248-6920. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Permit TE-676811 *Applicant:* Regional Director, U.S. Fish and Wildlife Service, Albuquerque, New Mexico. Applicant requests an amendment to the permit for research and recovery purposes to conduct recovery activities for the Devil's Hole pupfish ( *Cyprinodon diabolis* ) at Willow Beach National Fish Hatchery in Arizona and Dexter National Fish Hatchery and Technology Center in New Mexico. Permit TE-053085 *Applicant:* Bureau of Reclamation, Boulder City, Nevada. Applicant requests an amendment to a current permit to conduct presence/absence surveys for research and recovery purposes for the following species: Bonytail chub ( *Gila elegans* ) and razorback sucker ( *Xyrauchen texanus* ) within Arizona, Nevada, and California. Permit TE-037155 *Applicant:* Bio-West, Inc., Round Rock, Texas. Applicant requests an amendment to a previous permit for research and recovery purposes to conduct presence/absence surveys for spikedace ( *Meda fulgida* ) within Arizona. Permit TE-170625 *Applicant:* Daniel Howard, Tulsa, Oklahoma. Applicant requests a new permit to conduct presence/absence surveys for research and recovery purposes for American burying beetle ( *Nicrophorus americanus* ) within Oklahoma. Permit TE-030115 *Applicant:* Bureau of Land Management, Safford Field Office, Safford, Arizona. Applicant requests an amendment to an existing permit for research and recovery purposes to conduct presence/absence surveys for the following species: Gila Chub ( *Gila intermedia* ) and Peebles Navajo cactus ( *Pediocactus peeblesianus* var. *peeblesianus* ) within Arizona. Permit TE-037780 *Applicant:* Texas Westmoreland Coal Company, Jewett, Texas. Applicant requests an amendment to an existing permit for research and recovery purposes to conduct presence/absence surveys for interior least tern ( *Sterna antillarium* ) within Texas. Permit TE-821356 *Applicant:* Grand Canyon Monitoring and Research Center (USGS), Flagstaff, Arizona. Applicant requests an amendment to an existing permit for research and recovery purposes to conduct presence/absence surveys for humpback chub ( *Gila cypha* ) within Arizona. Authority: 16 U.S.C. 1531 et seq. Dated: January 8, 2008. Christopher T. Jones, Acting Regional Director, Southwest Region, Albuquerque, New Mexico. [FR Doc. E8-1604 Filed 1-29-08; 8:45 am] BILLING CODE 4510-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2008-N007], [20124-1113-0000-F5] Endangered and Threatened Species Permit Applications AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of applications. SUMMARY: The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)

(A)of the Endangered Species Act of 1973, as amended. DATES: To ensure consideration, written comments must be received on or before February 29, 2008. Comments must be submitted before midnight (Eastern Standard Time) on the date specified in the DATES section. ADDRESSES: Written comments should be submitted to the Chief, Endangered Species Division, Ecological Services, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act. Documents will be available for public inspection, by appointment only, during normal business hours at the U.S. Fish and Wildlife Service, 500 Gold Ave., SW., Room 4102, Albuquerque, New Mexico. Please refer to the respective permit number for each application when submitting comments. FOR FURTHER INFORMATION CONTACT: Chief, Endangered Species Division, P.O. Box 1306, Room 4102, Albuquerque, New Mexico 87103,

(505)248-6920. SUPPLEMENTARY INFORMATION: Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Permit TE-169770 *Applicant:* New Mexico Interstate Stream Commission, Santa Fe, New Mexico. Applicant requests a new permit for research and recovery purposes to conduct presence/absence surveys of Rio Grande silvery minnow ( *Hybognathus amarus* ) within New Mexico. Permit TE-166070 *Applicant:* New Mexico Department of Game and Fish, Santa Fe, New Mexico. Applicant requests an amendment to an existing permit for research and recovery purposes to conduct presence/absence surveys of Gila chub ( *Gila intermedia* ) within New Mexico. Permit TE-168189 *Applicant:* Michael Green, Texas State University, San Marcos, Texas. Applicant requests a new permit for research and recovery purposes to conduct presence/absence surveys of black capped vireo ( *Vireo atricapilla* ) within Texas. Permit TE-168185 *Applicant:* Cox McLain Environmental Consulting, Inc., Austin, Texas. Applicant requests a new permit to conduct presence/absence surveys for research and recovery purposes for the following species: black capped-vireo ( *Vireo atricapilla* ), golden-checked warbler ( *Dendroica chrysoparia* ), Attwater's prairie chicken ( *Tynpanuchus cupido attwateri* ), Northern aplomado falcon ( *Falco fernoralis septentrionalis* ), piping plover ( *Charadrius melodus* ), red-cockaded woodpecker ( *Picoides borealis* ), interior least tern ( *Sterna antillarium* ) and Houston toad ( *Bufo houstonensis* ) within Texas. Permit TE-036436 *Applicant:* Environmental Planning Group, Tucson, Arizona. Applicant requests an amendment to a previous permit for research and recovery purposes to conduct presence/absence surveys for lesser long-nosed bat ( *Leptonycteris curasoae yerbabuenae* ) within Arizona. Permit TE-168688 *Applicant:* Sarah Itz, Austin, Texas. Applicant requests a new permit for research and recovery purposes to conduct presence/absence surveys for the following species: black-capped vireo ( *Vireo atricapilla* ) and golden-checked warbler ( *Dendroica chrysoparia* ) within Texas. Authority: 16 U.S.C. 1531 *et seq.* Dated: January 14, 2008. Christopher T. Jones, Acting Regional Director, Southwest Region, Fish and Wildlife Service. [FR Doc. E8-1605 Filed 1-29-08; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-030-1050-HF-PALE; NV-030-04-003; 8-08807; TAS: 14X1109] Notice to the Public of Emergency Closure of Public Lands, Douglas County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: Certain public lands located in the Pine Nut Mountain range of Douglas County, Nevada, will be temporarily closed to motorized vehicles. An emergency closure is necessary to prevent further adverse effects to paleontological resources in the Ruhenstroth paleontological area where resource damage is occurring. The potential for additional adverse effects as a result of unrestricted off-highway vehicle use within the area is substantial and significant. Major roads in the area will remain open. DATES: The emergency closure becomes effective on January 30, 2008. FOR FURTHER INFORMATION CONTACT: James Carter,

(775)885-6109. SUPPLEMENTARY INFORMATION: This closure is authorized under the provisions of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 *et seq.* and 43 CFR 8341.2. Any person who fails to comply with a closure or restriction order is subject to arrest and fines in accordance with applicable provisions of 18 U.S.C. 3571 and/or imprisonment not to exceed 12 months. This closure applies to all forms of motorized vehicle use excluding

(1)any emergency, law enforcement or other BLM vehicle while being used for emergency or administrative purposes, and

(2)any vehicle whose use is expressly authorized in writing by the Manager, Carson City Field Office. The public lands affected by the closure are located east of Gardnerville, Nevada and Highway 395, in the Pine Nut Mountain Range. Mount Diablo Meridian, Nevada T.12 N., R. 21 E. secs. 7 and 8; portions of secs. 6, 18, 19, and 23. The area described contains 2,340 acres, more or less. Maps showing these lands are available at the Carson City Field Office, 5665 Morgan Mill Road, Carson City, NV 89701. The closure will remain in effect for five months and may be renewed until the Pine Nut Mountains Resource Management Plan Amendment Record of Decision is signed. Authority: (43 CFR 8341.2) Dated: January 23, 2008. Donald T. Hicks, Manager, Carson City Field Office. [FR Doc. E8-1571 Filed 1-29-08; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [OR-010-1020-DF; HAG 08-0050] Southeast Oregon Resource Advisory Council: Meeting Pursuant to the Federal Advisory Committee Act, the Department of the Interior Bureau of Land Management

(BLM)announces the following advisory committee meeting: *Name:* Southeast Oregon Resource Advisory Council (SEORAC). *Time and Date:* 8 a.m. February 21, 2008; 8 a.m. February 22, 2008. *Place:* BLM, Burns District Office, 28910 Hwy 20 West, Hines, Oregon 97738. *Status:* Open to the public. *Matters to be Considered:* The SEORAC will consider fire rehabilitation initiatives, Sagebrush Cooperative progress, Southeast Oregon Geographic Information Systems mapping status, fire and fuel management practices, and transportation planning strategies for lands administered by the Oregon and Washington BLM and Fremont-Winema National Forests. Council members will also hear updates from designated federal officials, provide orientation to new members, review the new Charter and Standard Operating Procedures, give liaison and subgroup reports, establish meeting priorities and develop agenda items for the next meeting. Any other matters that may reasonably come before the SEORAC may also be addressed. The public is welcome to attend all portions of the meeting and may contribute during the public comment period at 11:30 a.m. on February 22, 2008. Those who verbally address the SEORAC during the public comment period are asked to provide a *written* statement of their comments or presentation. Unless otherwise approved by the SEORAC chair, the public comment period will last no longer than 30 minutes, and each speaker may address the SEORAC for a maximum of 5 minutes. *Contact Person for More Information:* Program information, meeting records and a roster of council members may be obtained from Scott Stoffel, public affairs specialist, 1301 S. G Street, Lakeview, OR 97630;

(541)947-6237. The meeting agenda will be posted at *http://www.blm.gov/or/rac/seorrac-minutes.php* when available. Should you require reasonable accommodation, please contact the BLM Lakeview District at

(541)947-2177 as soon as possible. Shirley Gammon, District Manager. [FR Doc. E8-1566 Filed 1-29-08; 8:45 am] BILLING CODE 4310-33-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-200-1430-ES; COC-63837] Notice of Realty Action: Termination of Classification AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Realty Action. SUMMARY: This notice terminates in part the existing classification for 102.91 acres of public land that was classified as suitable for lease and conveyance under the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 *et seq.* ). The termination will allow the Bureau of Land Management

(BLM)to offer a 6.5-acre parcel for sale under Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 and 1713), as amended. Termination of the classification in part is consistent with BLM policies and the BLM Colorado Northeast Resource Management Plan, dated September 16, 1986, and has been reviewed with local officials. EFFECTIVE DATE: February 29, 2008. FOR FURTHER INFORMATION CONTACT: Debbie Bellew, Realty Specialist, at 719-269-8514 or by e-mail *dbellew@co.blm.gov* . SUPPLEMENTARY INFORMATION: By notice published in the **Federal Register** (70 FR 33190) on June 7, 2005, a 102.91-acre parcel of public land under the jurisdiction of the BLM was classified as suitable for lease and conveyance under the Recreation and Public Purposes Act, as amended (43 U.S.C. 869 *et seq.* ). It has been determined to be in the public interest to partially terminate this classification to permit the BLM to offer a 6.5-acre parcel for sale under Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 and 1713), as amended. *Notice:* Pursuant to 43 CFR 2091.2-2, the classification is terminated as to the following described parcel upon publication of this notice in the **Federal Register** : Sixth Principal Meridian, Colorado, T. 1 N., R. 73 W., Section 12: Lot 67. Containing 6.5 acres. The above described land is hereby made available for sale in accordance with Section 203 of the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 and 1713), subject to valid existing rights, the provisions of existing withdrawals, other segregations of record, and the requirements of applicable law. In the event the 6.5-acre parcel is not sold, this termination shall have no force or effect. Roy L. Masinton, Royal Gorge Field Office Manager. [FR Doc. E8-1606 Filed 1-29-08; 8:45 am] BILLING CODE 4310-JB-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO-160-08-1110-PI] Notice of Order Closing Public Lands to Motorized Use, Gunnison and Saguache Counties, CO AGENCY: Bureau of Land Management, Department of the Interior. ACTION: Notice of Closure. SUMMARY: To protect fragile, wintering mule deer, bighorn sheep, pronghorn antelope, and elk herds, the Bureau of Land Management

(BLM)is closing to motorized use this winter, certain public lands in the Gunnison Basin. This action is in coordination with the Colorado Division of Wildlife's emergency winter feeding program for big game herds in the Gunnison Basin. The BLM and CDOW have cooperatively identified winter feeding areas and procedures, as well as area closures in conjunction with the feeding program. Extreme snow depths, combined with extreme cold temperatures, have prompted the closure and emergency feeding decisions. DATES: The closure for this winter will take effect immediately and will end on April 30, 2008 unless terminated sooner by the BLM Authorized Officer. ADDRESSES: The address of the BLM Authorized Officer is: Field Manager, Gunnison Field Office, 216 N. Colorado St., Gunnison, Colorado 81230. Maps of the closure areas will be available at the Gunnison Field Office, 216 N. Colorado St., Gunnison, Colorado 81230. Additionally, signs will be posted at places near and/or within the areas to which the closure applies. FOR FURTHER INFORMATION CONTACT: Kenny McDaniel, Field Manager, Gunnison Field Office, 216 N. Colorado St., Gunnison, Colorado 81230; telephone

(970)641-0471. SUPPLEMENTARY INFORMATION: Due to extreme snow depths and extreme cold temperatures, big game in the Gunnison Basin are highly stressed. The Colorado Division of Wildlife has begun an emergency winter feeding program for mule deer, bighorn sheep, pronghorn antelope, and elk herds. The Gunnison Resource Area Approved Resource Management Plan

(RMP)specifically provides for winter closures to protect wintering big game when necessary. The purpose of this motorized use closure is to prevent undue and unnecessary disturbance and harm to wintering mule deer, bighorn sheep, pronghorn antelope, and elk herds concentrating on crucial winter range. This order pertains to identified areas (shown on the maps) on public lands in Gunnison and Saguache Counties, Colorado, thus described: *Public Lands within New Mexico Principal Meridian, north of U.S. Highway 50:* T.49N., R.4W., secs. 13-14, sec. 24, E 1/2 ; T.49N., R.3W., secs. 1-26; T.50N., R.2W., sec. 12, south of West Antelope Creek, secs. 13-14, 23-26, 35-36; T.49N., R.2W., secs. 1-24, sec.30; T.50N., R.1W., sec. 17, south of West Antelope Creek, secs. 20-21, 26-33; T.49N., R.1W., secs. 4-6; T.50N., R.1E., secs. 1-4, 9-16, 19-30, 32-36; T.49N., R.1E.. secs. 1-3, 12; T.50N., R.2E., secs.17-21, 25-36; T.49N., R.2E., secs. 1-14; T.50N., R.3E., secs. 28-33; T.49N., R.3E., secs. 3-10, 13-29, 33-36; T.48N., R.3E., sec. 1; T.49N., R.4E., secs. 19, 29-32; T.48N., R.4E., secs. 4-9, 15. * Public Lands within New Mexico Principal Meridian, south of U.S. Highway 50, west of Razor Creek, north of Camp Kettle Gulch/ Poverty Gulch Road, and east of Colorado Highway 114: * T.49N., R.2E., secs. 21-23, 25-28, 33-36; T.48N., R.2E., secs. 1-4, 9-16, 21-27, 35-36; T.49N., R.3E., secs. 30-32; T.48N., R.3E., secs. 4-8, 17-20, 29-31. Exceptions to this temporary motorized use closure include the following: 1. BLM Road #3103 (North Parlin Flats Road) to the U.S. Forest Service boundary is open to motorized use as seasonal conditions allow. 2. Any Federal, State, or local officer or employee acting within the scope of their duties, members of any organized rescue in the performance of an official duty, or any person holding written permission from the BLM. 3. Persons or agencies holding a special use permit or right-of-way for access to exercise their permit within the restricted area, for purposes related to access for maintenance and operation of authorized facilities, and provided such motorized use is limited to the routes specifically identified in the special use permit or right-of-way. Authority This emergency closure order is issued under the authority of 43 Code of Federal Regulations 8364.1 and 9268.3. *Penalties:* Any person who knowingly and willfully violates any closure order issued under 42 CFR 8364.1 shall be subject to the penalties provided for in CFR Title 43, subpart 8360.0-7, and may be fined not more than $1,000 and/or imprisoned for not more than 12 months. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Dated: January 22, 2008. Kenny McDaniel, Field Manager, Gunnison Field Office. [FR Doc. E8-1551 Filed 1-29-08; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [WY-921-1430-ET; WYW 142589] Public Land Order No. 7688; Withdrawal of Public Lands for the Protection of Yermo xanthocephalus Plant Habitat; Wyoming AGENCY: Bureau of Land Management, Interior. ACTION: Public Land Order. SUMMARY: This order withdraws 360 acres of public land from surface entry and mining for a period of 20 years to protect *Yermo xanthocephalus* (Desert yellowhead) plant habitat. EFFECTIVE DATE: January 30, 2008. FOR FURTHER INFORMATION CONTACT: Janet Booth, BLM Wyoming State Office, 5353 N. Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003, 307-775-6124. SUPPLEMENTARY INFORMATION: The land has been and will continue to remain open to mineral leasing. Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: 1. Subject to valid existing rights, the following described public land is hereby withdrawn from settlement, sale, location, or entry under the general land laws, including the United States mining laws (30 U.S.C. Ch. 2 (2000)), but not from leasing under the mineral leasing laws, for the Bureau of Land Management to protect *Yermo xanthocephalus* plant habitat: Sixth Principal Meridian T. 31 N., R. 95 W., Sec. 27, SW 1/4 ; Sec. 34, NW 1/4 and W 1/2 W 1/2 NE 1/4 . The area described contains 360.00 acres in Fremont County. 2. The withdrawal made by this order does not alter the applicability of those public land laws governing the use of lands under lease, license, or permit, or governing the disposal of their mineral or vegetative resources other than under the mining laws. 3. This withdrawal will expire 20 years from the effective date of this order unless, as a result of a review conducted before the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f) (2000), the Secretary determines that the withdrawal shall be extended. Dated: January 10, 2008. C. Stephen Allred, Assistant Secretary—Land and Minerals Management. [FR Doc. E8-1639 Filed 1-29-08; 8:45 am] BILLING CODE 4310-22-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [NV-065-5870-EU; N-76426; 8-08807; TAS: 14X5260] Notice of Realty Action: Direct (Non-Competitive) Sale of Public Lands, Nye County, NV AGENCY: Bureau of Land Management, Interior. ACTION: Notice. SUMMARY: One parcel of public land (N-76426) located in Beatty, Nevada, and totaling 0.46 acres, has been examined and found suitable for disposal utilizing direct sale procedures. The authority for the sale is under Sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U.S.C. 1713 and 1719. DATES: Interested parties may submit written comments to the Bureau of Land Management

(BLM)regarding the proposed sale on or before March 17, 2008. ADDRESSES: Mail written comments to the BLM Assistant Field Manager, Tonopah Field Station, 1553 South Main Street, P.O. Box 911, Tonopah, NV 89049. FOR FURTHER INFORMATION CONTACT: Alan Buehler,

(775)482-7800. For general information on BLM's public land sale procedures, refer to the following Web address: *http://www.blm.gov/wo/st/en.html.* SUPPLEMENTARY INFORMATION: The sale parcel is located in Southern Nye County, section 6, within the most southeast corner section and touches the southeast corner at one point. A portion of the parcel lies within the Nevada Department of Transportation (Nev 042808) right-of-way for United States (U.S.) Highway 95. The following described public land is being considered for sale: Mount Diablo Meridian, Nevada T. 12 S., R. 47 E., Sec. 6, lot 9. The area described contains 0.46 acres, more or less. This parcel of public land is proposed for sale to the Stagecoach Hotel and Casino, owned by Edward Ringle of Beatty, Nevada at no less than the appraised fair market value

(FMV)of $1,300, as determined by the authorized officer after appraisal. An appraisal report has been prepared by a State-certified appraiser for the purposes of establishing the FMV. Consistent with Section 203 of FLPMA, a tract of public land may be sold where, as a result of approved land use planning, the sale of the tract meets the disposal criteria of that section. The lands described above are identified as suitable for disposal in the BLM Tonopah Resource Management Plan

(RMP)approved on October 2, 1997. The proposed disposal action is consistent with the objectives, goals, and decisions of the RMP. The disposal

(sale)of the parcel would serve an important public objective by resolving the management costs of an inadvertent unauthorized use of the public lands. As such, these lands meet the criteria under 43 CFR 2710.0-3(a)(3) which states “Such tract, because of its location or other characteristics is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another Federal department or agency.” The sale of these lands meet the criteria under 43 CFR 2711.3-3(a) for direct sale, to be used where necessary to protect existing equities in the land, to resolve inadvertent unauthorized use and occupancy of the lands. A small portion of the hotel/casino's northeast corner has expanded onto the subject land. The subject parcel is being used to house the hotel/casino's propane tanks and waste disposal dumpsters, as well as for storage, parking lot, and delivery service. The size of the unauthorized use has been reduced to the smallest aliquot part identified through development of a supplemental plat. These lands are not required for Federal purposes. Direct sale would not change the status quo in that no other land uses are expected for these lands. The BLM prepared a preliminary Environmental Assessment

(EA)and provided a 30-day comment period as part of its public involvement. All comments received have been considered and incorporated into the EA and Decision Record. The EA (NV065-EA07-117), Decision Record, Environmental Site Assessment, map, and approved appraisal report covering the proposed sale, are available for review at the BLM Tonopah Field Station. Minerals for this parcel will be reserved in accordance with BLM's approved Mineral Potential Report dated January 18, 2005. Information pertaining to the reservation of minerals specific to the parcel is located in the case file and available for public review at the BLM Tonopah Field Station. Publication of this Notice of Realty Action in the **Federal Register** segregates the subject lands from all appropriations under the public land laws, including the general mining and mineral laws, except the sale provisions of FLPMA. Upon publication of this Notice of Realty Action and until completion of the sale, the BLM is no longer accepting land use applications affecting the identified public land, except applications for the amendment of previously filed right-of-way applications or existing authorizations to increase the term of the grants in accordance with 43 CFR 2807.15 and 2886.15. The segregation will terminate upon issuance of the patent, upon publication in the **Federal Register** of a termination of the segregation or February 1, 2010, whichever occurs first. *Terms and Conditions of Sale:* The patent issued would contain the following numbered reservations, covenants, terms and conditions: 1. A right-of-way thereon for ditches and canals constructed by authority of the United States, Act of August 30, 1890 (43 U.S.C. 945); 2. Oil, gas, and geothermal resources are reserved on the land sold; permittees, licensees, and lessees retain the right to prospect for, mine, and remove the minerals owned by the United States under applicable law and any regulations that the Secretary of the Interior may prescribe, including all necessary access and exit rights; 3. Those rights for highway purposes which have been granted to Nevada Department of Transportation, its successors and assigns, by right-of-way Nev 042808, pursuant to the Act of August 27, 1958, 72 Stat. 916; 23 U.S.C. 317, for United States Highway 95, extending from Beatty to Goldfield, Nevada; 4. All valid existing rights; 5. The patentee, by accepting patent, agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind arising from the past, present, or future acts or omissions of the patentee, its employees, agents, contractors, lessees, or any third-party arising out of or in connection with the patentee's use, occupancy, or operations on the patented real property resulting in:

(1)Violations of Federal, State, and local laws and regulations that are now, or in the future become, applicable to the real property;

(2)Judgments, claims, or demands of any kind assessed against the United States;

(3)Costs, expenses, or damages of any kind incurred by the United States;

(4)Releases or threatened releases of solid or hazardous waste(s) and/or hazardous substance(s), pollutant(s) or containment(s), and/or petroleum product or derivative of a petroleum product, as defined by Federal and State environmental laws, off, on, into, or under land, property, and other interests of the United States;

(5)Other activities by which solid or hazardous substance(s), pollutant(s) or contaminant(s), and/or petroleum product or derivative of a petroleum product, or waste(s), as defined by Federal and State environmental laws, are generated, released, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substance(s) or waste(s), pollutant(s) or contaminant(s), and/or petroleum product or derivative of a petroleum product; or

(6)natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction; and 6. Pursuant to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), (42 U.S.C. 9620(h)), as amended by the Superfund Amendments and Reauthorization Act of 1988, (100 Stat.1670), notice is hereby given that the above-described lands have been examined and no evidence was found to indicate that any hazardous substances had been stored for one year or more, nor had any hazardous substances been disposed of or released on the subject property. No representation, warranty or covenant of any kind, express or implied, will be given or made by the United States, its officers or employees, as to access to or from the above described parcel of land, the title to the land, whether or to what extent the land may be developed, its physical condition or its past, present or potential uses, and the conveyance of any such parcel will not be on a contingency basis. It is the buyer's responsibility to be aware of all applicable Federal, State and local government policies and regulations that would affect the subject lands. It is also the buyer's responsibility to be aware of existing or prospective uses of nearby properties. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the responsibility of the buyer. In the event of a sale, the unreserved mineral interests will be conveyed simultaneously with the sale of the land. These unreserved mineral interests have been determined to have no known mineral value pursuant to 43 CFR 2720.0-6 and 2720.2(a). Acceptance of the sale offer will constitute an application for conveyance of those unreserved mineral interests. The purchaser will be required to pay a $50 non-refundable filing fee for conveyance of the available mineral interests. The purchaser will have 30 days from the date of receiving the sale offer to accept the offer and to submit a deposit of 20 percent of the purchase price, the $50 filing fee for conveyance of mineral interests, and for payment of publication costs. The purchaser must remit the remainder of the purchase price within 180 days from the date the sale offer is received. Payments must be by certified check, postal money order, bank draft or cashiers check payable to the U.S. Department of the Interior—BLM. Failure to meet conditions established for this sale will void the sale and any monies received will be forfeited. Public Comments The subject parcel of land will not be offered for sale prior to the 60-day publication of this Notice of Realty Action. For a period until March 17, 2008, interested parties may submit written comments to the BLM Tonopah Field Station. Only written comments submitted by postal service or overnight mail will be considered as properly filed. Facsimiles, telephone calls, and e-mails are unacceptable means of notification. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Any adverse comments regarding the proposed sale will be reviewed by the BLM Nevada State Director, who may sustain, vacate, or modify this realty action and issue a final determination. In the absence of timely filed objections, this realty action will become the final determination of the Department of the Interior. (Authority: 43 CFR 2711.1-2) Dated: January 16, 2008. Thomas J. Seley, Tonopah Assistant Field Manager. [FR Doc. E8-1568 Filed 1-29-08; 8:45 am] BILLING CODE 4310-HC-P DEPARTMENT OF THE INTERIOR National Park Service 60-Day Notice of Intention To Request Clearance of Collection of Information; Opportunity for Public Comment AGENCY: Department of the Interior, National Park Service. ACTION: Notice and request for comments. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 and 5 CFR Part 1320, Reporting and Record Keeping Requirements, the National Park Service

(NPS)invites public comments on a proposed new collection of information (1024-xxxx). DATES: Public comments on the proposed Information Collection Request

(ICR)will be accepted on or before March 31, 2008. ADDRESSES: *Send Comments To:* Angela Walters, Appalachian National Scenic Trail (ANST), NPS, P.O. Box 50, Harpers Ferry, WV 25425; or via phone at 304/535-6278; or via fax at 304/535-6270, or via e-mail at *angela_walters@nps.gov.* Also, you may send comments to Leonard E. Stowe, NPS Information Collection Clearance Officer, 1849 C St., NW. (2605), Washington, DC 20240; or by e-mail at *leonard_stowe@nps.gov.* All responses to this notice will be summarized and included in the request for the Office of Management and Budget

(OMB)approval. All comments will become a matter of public record. *To Request a Draft of Proposed Collection of Information Contact:* Angela Walters, ANST, NPS, P.O. Box 50, Harpers Ferry, WV 25425; or via phone at 304/535-6278; or via fax at 304/535-6270; or via e-mail at *angela_walters@nps.gov.* FOR FURTHER INFORMATION CONTACT: Dr. James Gramann, NPS Social Science Program, 1201 “Eye” St., Washington, DC 20005; or via phone at 202/513-7189; or via e-mail at *James_Gramann@partner.nps.gov.* You are entitled to a copy of the entire ICR package free of charge. SUPPLEMENTARY INFORMATION: *Title:* Appalachian Train Management Partner Survey. *Bureau Form Number:* None. *OMB Number:* To be requested. *Expiration Date:* To be requested. *Type of Request:* New Collection. *Description of Need:* The National Park Service Act of 1916, 38 Stat 535, 16 U.S.C. 1, *et seq* ., requires that the NPS preserve national parks for the use and enjoyment of present and future generations. The Appalachian National Scenic Trail

(ANST)is an unusual unit of the national park system, managed through a decentralized volunteer-based cooperative management system involving eight national forests, six other national park units, agencies in fourteen states, the Appalachian Trail Conservancy, and citizen volunteers in 30 affiliated trail club organizations. The Government Performance and Results Act

(GPRA)of 1993 (Pub. L. 103-62) requires that the NPS develop goals and measure performance related to these goals. The Appalachian Trail Management Partner Survey (ATMPS) measures performance toward those goals through a partner satisfaction survey. The project is an element of the NPS Strategic Plan and the Department of the Interior

(DOI)Strategic Plan. The purpose of the ATMPS is to track the satisfaction of federal, state, and not-for-profit partner organizations and agencies receiving support from the Appalachian Trail Park Office

(ATPO)provides support to State and Federal agencies, and not-for-profit organizations to assist them in fulfilling shared and delegated management activities in the management of the ANST. Achievement of on-the-ground results depends on the actions of these partner agencies and organizations. Progress towards management goals is measured by a satisfaction survey where key partners evaluate quality of support provided by ATPO. This effort is required by GPRA and other NPS and DOI strategic planning efforts. Data from the proposed survey is needed to assess performance regarding NPS GPRA goal IIb0. HPS performance on all goals measured in this study will contribute to DOI Department-wide performance reports. *Automated data collection:* This information will be collected via mail-back surveys. No automated data collection will take place. *Description of respondents:* Partners in the Appalachian Trail Cooperative Management System. *Estimated average number of respondents:* 200 (150 respondents and 50 non-respondents). *Estimated average number of responses:* 200 (150 respondents and 50 non-respondents). *Estimated average burden hours per response:* 1 minute for non-respondents and 3 minutes for respondents. *Frequency of Response:* 1 time of respondent. *Estimated annual reporting burden:* 23 hours. *Comments are invited on:*

(1)The practical utility of the information being gathered;

(2)the accuracy of the burden hour estimate;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)ways to minimize the burden to respondents, including use of automated information collection techniques or other forms of technology. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: January 25, 2008. Leonard E. Stowe, NPS, Information Collection Clearance Officer. [FR Doc. 08-405 Filed 1-29-08; 8:45 am]

Connectionstraces to 21

Traces to 21 documents

U.S. Code